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POVERTY LAW AND PRACTICE SYLLABUS
Summer Quarter -2003
Professor Wally Holohan
e-mail: wholohan@neu.edu
direct phone: 617 373-3628
Professor Jim Rowan
e-mail: j.rowan@neu.edu
direct phone: 617 373-3347
Susan Verity
Clinic and Institute Secretary
Direct phone: 617 373-8947
Fax: 617 373-8236
Class Materials
Available
for purchase at Gnomon Copy: Packet #1 –
Available at Clinic or Guides online at MassLegalServices.org
TAFDC Advocacy Guide
EAEDC Advocacy Guide
Food Stamp Advocacy Guide
Unemployment Advocacy Guide
Supplemental Handouts
Office Manual
Call the bookstore (617/373-2286) or Gnomon Copy (617/536-4600) to determine if the course materials are available in advance.
Introduction
There are ten weeks in the Summer
quarter. Including class time, you will
be spending 20 hours each week on clinic business. The clinic will focus on the interplay of
work and welfare as we try to assist them to understand the complexities of the
regulatory and statutory regimes with which they must deal. During the first two weeks (Part One) the
goal is for you to begin learning some of the substance and process of the
People learn in different ways and so we will vary the instructional methodology to use ‘popular education’ materials as well as traditional materials. Class formats will vary to include lectures, student-led discussion, role-plays, and reflections but with a constant emphasis on participation.
Part One, the first two weeks, will involve twelve to fifteen hours of group work on core pre-trial skills and the substantive law of the cases we will cover requiring roughly twenty-five hours of self-study, preparation for exercises, initial casework and community outreach. In the first class, we will arrange for a schedule of additional group meetings during the first two weeks to accomplish this ambitious agenda. You should look ahead to the assignments that are outlined in Part One to give yourself sufficient time to prepare for these additional meetings.
Part Two, weeks three through eight will focus on trial and presentation skills along with additional substantive materials on other programs, ethical problems and immigration issues. We will also strive to put the work of the clinic in context by studying the various ways used for the delivery of legal services, complicated by issues of race and class and perhaps alleviated by community education. Each student will present on one of the topics each week.
Part Three, the last two weeks, will be reserved for reflection and evaluation. We will examine how the course contributes to “practicing” law and how to approach issues in lawyering on behalf of poor people.
Part One: First Two Weeks
Week One: Welfare Advocacy after “Reform” Week of May 31
Assistance to children and their caretakers underwent
drastic changes beginning in 1995. The
result was a new program known in
a. Personal and Financial Eligibility
Each applicant who applies for welfare or unemployment benefits must meet two kinds of eligibility requirements: personal (or categorical) and financial. We first will look at these two types of eligibility criteria.
UNEMPLOYMENT ADVOCACY GUIDE, Chapter 2
Assignment: Outline your understanding of differences and general parameters of personal and financial eligibility. Who is eligible? What personal criteria are being used to categorize individuals? Do these criteria make any unstated judgments among different groups of applicants or recipients? What financial criteria are considered when determining an applicant’s eligibility? Come prepared to try to put some order to the answers to these questions.
b. Time Limits and Work Program Rules and Exemptions
Under welfare reform, benefits are time limited. In
TAFCD ADVOCACY GUIDE, Chapter 3
Assignment: Review the GBLS Time Limit
Screening Questionnaire (
c. Work Program and Employment Services
Welfare law involves layers of federal and state law, with statutes, regulations and subregulatory material being interpreted by both hearing officers and the courts. As with most substantive material, the quickest initial approach can be made through secondary sources such as the TAFCD ADVOCACY GUIDE. When applied to clients, however, nothing less than reference to primary material will suffice. We will try to develop an understanding of the second major rule changes under welfare reform, work requirements, by looking at both types of sources.
On-Line Regulations-106 CMR 203.400; 106 CMR 207.000-.250
Assignment: Create client flyer on work rules and make annotations of the program details that might be part of explaining the program to a client.
Week Two: Case Preparation Skills and More Substance Week of June7
During this second week we will begin to work on the basics of case preparation and we will continue our development of the substance of the welfare regulations.
a. Disability Exemptions
Disability result in exemptions and waivers for many welfare recipients and may apply to many more. Such disability also may allow for other income supports. We have seen these issues before in our discussions of time limits and work rules, and they will come up again in the following weeks in your case presentations. This is an opportunity to get a deeper understanding of these complicated areas.
TAFDC ADVOCACY GUIDE,
On-Line/Regulations – 106 CMR 203.100, .110, .530, 540, 545
Assignment: Plan an interview of a client seeking one of these exemptions. Write an client flyer, to hand in at class time, of the core requirements necessary to qualify for either a disability exemption or domestic violence waiver, and an outline of the general areas where you would focus an interview of a client seeking one of these exemptions.
b. Interviewing and Counseling
In the initial interviews of your clients, you must begin to develop a trusting and productive relationship as well as to gather pertinent information. Client meetings also include counseling and advising your clients on a wide variety of issues. We will be discussing the fundamentals of interviewing and counseling to prepare you for your first client meetings and examining what makes a good versus an adequate interview or counseling session.
Assignment: In advance of this class, you will be given a written hypothetical. Each student should prepare for an interview of the client. Prepare an outline of all the topics and subtopics that need to be covered during the interview. During class each student will be responsible for conducting a portion of the interview on one or more of these topics.
c. Case Strategy and Factual Investigation
The key to success in advocacy lies in marshaling the facts. The techniques are as varied as the problems to be resolved, and include electronic research, contacting doctors and health care providers and looking at the welfare file.
Assignment: Given the interview in the hypothetical we did already, develop a tentative case strategy and outline the steps you would take to investigate and obtain facts in support of that strategy.
d. Unemployment
Insurance
Most of our clients are in and out of the work force for reasons beyond their control. Some are fired and some forced to quit. The rules governing collection of unemployment insurance can provide some cushion for the vagaries of paid work.
Part Two: Weeks Three through Six
At the beginning of this section you should be well into your casework. We will meet twice each week to discuss specific advocacy topics and begin the basics of case presentation. We will also reserve class time each week to discuss your cases. Each of you will be asked to lead one of the classes during this period based on your interests.
Week Three Week of June 14
a. Eligibility for Other Income and Support Programs: SSI, Food Stamps, EAEDC
As we discussed in the first week, there are strict rules about eligibility based on assets and income. Both a general understanding of assets and income rules and an ability to calculate a clients grant amount are needed to adequately understand a client'’ situation. While much of our work will focus on TAFDC, there are a number of other programs, which have their own eligibility rules. While it will be impossible to memorize all of the rules, you need comfort and familiarity with the basics of these programs and how to research the specifics.
Assignment: You will be asked to respond to a series of hypotheticals that raise eligibility issues for these related programs.
b. History and Future of Legal Services
The Legal Services Program has had a rocky and inspiring history. We will discuss this history and the recent limits Congress has put on legal practitioners in this program, and the implications that all of these debates have on access to justice for low-income people. This is the first of the student-led discussions.
Week Four Week of June 21
a. Closing Argument
One way to organize your strategy for the hearing is by drafting your closing argument first. By doing so, you are unlikely to miss any important points in presenting the case at the hearing. Your closing will be an outline of the points you have to make with each witness and what documents need to be introduced into evidence. We will begin our series of case presentation classes with a discussion of closing arguments.
Assignment: Prepare a written closing argument for the hypothetical that we began in week two. Some students will be assigned to present their closing arguments to class.
b. Ethical Considerations
During your casework you will encounter situations that present ethical quandaries or will simply give you pause. We want you to begin thinking about these considerations during this week. This will be a student-led discussion of the application of the ethical norms to our practice.
Week Five Week of June 28
a. Direct Examination
Direct examination can be extremely difficult. The phrasing of your questions is crucial so that you get only the information that supports your case. Consider demeanor problems, communication problems, and client discomfort.
Assignment: Selected students will prepare their direct examination of their clients and submit their questions in advance of class. With the instructors posing as the clients, these students will deliver their direct examinations. This will be followed by critique of the content of the questions and the delivery by both classmates and instructors.
b. Community Legal Education
Besides casework, educating community members about their rights and the law, are important goals of legal services work. This class begins our discussion of alternative ways of reaching the community besides individual direct service and impact litigation work.
Assignment: Preparing and reviewing our community education agenda for the quarter.
Week Six Week of July 5
Cross-examination
Our case presentation classes will continue with the most difficult skill to learn, cross-examination. Cross-examination is often the only way of attacking the other side’s case. Your client will be cross-examined, and you may have to cross-examine witnesses in your hearings.
Assignment: In advance of class, selected students will prepare an abstract of their client’s expected hearing testimony. In class these students will give a narrative of that testimony and their classmates will take turns cross-examining the student. Students who will be doing cross-examination should prepare questions based upon the case abstracts.
Week Seven Week of July 12
a. Immigration
At approximately the same time as the new welfare laws were passed, Congress also targeted immigration laws for reform. Many of these laws affect our clients and interplay with each other. Many of us know little about these consequences.
Assignment: TBA
b. Grand Rounds
Selected students will present an aspect of their cases featuring an important choice faced by the client and advocate for discussion and review by the team.
Week Eight Week of July 19
Organizing
Grassroots organizing is an important way of developing solidarity among poor people. How can legal services organizations help? We continue our discussion of alternative models of representation of poor people.
Reading:
Packet: Reflections of Community
Organizers/Quigley(
Assignment: Get your creative juices flowing and think about ways that legal services organizations could structure themselves to facilitate and foster these kinds of actions, and ways that individual attorneys can improve solidarity with client groups.
Part Three: The Last Three Weeks
We will begin to wrap up our cases and to reflect on the experience of representing our clients. We will talk about the ethics of representing poor people, the prospects for welfare reform and the process of learning to become an advocate.
Week Nine Week of July 26
Ethics Revisited
Each of you by now has interacted with more than one client on multiple issues. We want to focus on the moral and ethical issues that you have faced and how you have resolved your quandaries. Focus not just on the rules of professional responsibility but also your personal and moral concerns about your interactions with your clients.
Assignment: Write a 3-5 page reflective paper on a particular ethical or moral issue you have faced in your casework. Come prepared to discuss that client and issue or others you have faced over the semester.
Week Ten Week of August 2
a. Reform of Work and Welfare
Now that you have a strong knowledge of welfare, we will take time to discuss our impressions of the system. Various reforms have been imagined for welfare depending on what ‘social problem’ is being attacked. Efforts to educate, organize, litigate, legislate and regulate have left us with the current state of affairs.
Reading:
Packet: New Strategies for Low
Wage Workers/Klare (Readings, p. 419) and Work
Reform/ Dietrich (
Assignment: Come prepared to discuss your impressions in light of the reading.
b. Review and Assess
Instructions will be given on case closing and transfer for the end of the quarter. We will also use the final week to make individual and collective assessment of the experience including suggestions and planning for next iterations of the clinic.